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2022 Supreme(Telangana) 108

G. ANUPAMA CHAKRAVARTHY
Mohd. Moizuddin Siddiqui – Appellant
Versus
Mohd. Fakhruddin Siddiqui – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Manjiri S. Ganu, Advocate.
For the Respondents: Sri. I. Saibaba.

ORDER :

1. This revision petition is filed against the orders in Memo (SR).No. 3335 of 2011 and Memo (SR).No.3623 of 2011 in I.A.No.60 of 1989 in O.S.No.276 of 1983 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad.

2. The revision petitioner is the plaintiff. The Memo is filed by the plaintiff before the trial Court in O.S.No.276 of 1983, contending that the said suit is for partition and an ex parte preliminary decree was granted by the Court. Thereafter, an application i.e. I.A.No.60 of 1989 was filed under Order 26 Rule 13 seeking appointment of Advocate Commissioner for partition of the suit schedule property. Respondent No.8 in the I.A. was impleaded as petitioner as per the orders in C.R.P.No.3653 of 2003, dated 29.07.2003.

3. Initially, respondent No.8 filed an application under Order 1 Rule 10 of CPC seeking direction not to evict or dispossess her from mulgi No. 11-1-1202, which is one of the items of suit schedule property and also sought for stay of all further proceedings in the final decree. The said petition was dismissed for default on 08.12.2000. Later, respondent No.8 filed another two petitions, one for restoration of the petition dismissed for defa

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